The Delaware Regulations Governing Underground Storage Tank Systems were first effective July 11, 1986. The most recent revision date was November 23, 1994. The DNREC is proposing changes to the UST Regulations to incorporate new technological advances in UST system designs and operation to ensure the greatest protection of human health, safety and the environment in Delaware.

The changes to the Delaware UST Regulations are proposed for the following reasons:

• Outdated technology is being phased out of the Regulations to provide better protection of human health, safety and the environment.

• The federal Energy Policy Act (EPACT) of 2005 placed several requirements on state UST programs that had to be incorporated into the UST Regulations.

• New fuels, such as E10 and E85, made new requirements necessary.

Notice of Public Comment:

The DNREC will conduct a Public Hearing on Tuesday, October 30, 2007. The hearing is scheduled to begin at 6:00pm in the conference room at the DNREC office located at 391 Lukens Drive, New Castle, DE. The public and interested parties are invited to attend the hearing and to make comments orally or in writing at the hearing. Written comments not presented at the hearing should be addressed to Ms. Jill Williams Hall, DNREC/TMB, 391 Lukens Drive, New Castle, DE 19720 and must be received by the Department not later than 4:00 pm on October 30, 2007 unless a longer time is specified at the hearing.

Copies of the proposed regulations are available online at http://www.dnrec.delaware.gov/info/Rules.htm

Copies may be viewed during regular business hours at the following DNREC offices:

DNREC, 391 Lukens Drive, New Castle, DE

DNREC, R&R Building, 89 Kings Highway, Dover, DE

DNREC, Route 113, Sussex Suites, Unit # 6, Georgetown, DE

Prepared By:

Jill Williams Hall, Planner IV 395-2500 9/4/07 Jill.Hall@state.de.us

Division of Air and Waste Management

NOTICE OF PUBLIC HEARING

1. TITLE OF THE REGULATIONS:

Delaware Regulations Governing Solid Waste (DRGSW)

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

There are five amendments to update and enhance various sections of the solid waste regulations. The first amendment regarding Permits has three changes to clarify language, define requirements for permit transfers, and to make environmental assessment application requirements consistent. The second and third amendments regarding Sanitary and Industrial Landfills clarifies a reference to an Engineering Report. The fourth amendment regarding to Environmental Covenants updates language to comply with changes to the Delaware Code. The fifth amendment regarding Infectious Waste has eighteen changes that clarify and reorganize the entire Section. These five amendments will help improve understanding and implementation of the solid waste requirements.

3. POSSIBLE TERMS OF THE AGENCY ACTION:

NONE

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

Amendments to DRGSW are proposed and amended in accordance with the provisions found at 7 Delaware Code, Chapter 60.

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

NONE

6. NOTICE OF PUBLIC COMMENT:

The public hearing on the proposed amendments to DRGSW will be held on Monday October 22, 2007 starting at 6:30 p.m. in the Richardson and Robbins Auditorium, 89 Kings Highway, Dover, DE.

In order for the State of Delaware to maintain authorization from the U. S. Environmental Protection Agency (EPA) to administer its own hazardous waste management program, the State must maintain a program that is equivalent to and no less stringent than the Federal program. To accomplish this, the State regularly amends the DRGHW by adopting amendments previously promulgated by EPA. In addition, the State is proposing to make miscellaneous changes to the DRGHW that correct existing errors in the hazardous waste regulations, add clarification or enhance the current hazardous waste regulations.

3. POSSIBLE TERMS OF THE AGENCY ACTION:

NONE

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

Amendments to DRGHW are proposed and amended in accordance with the provisions found at 7 Delaware Code, Chapters 60 and 63.

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

NONE

6. NOTICE OF PUBLIC COMMENT:

The public hearing on the proposed amendments to DRGHW will be held on MondayOctober 22, 2007starting at 6:00 p.m. in the Richardson and Robbins Auditorium, 89 Kings Highway, Dover, DE.